Restoring the Rule of Law to Public Administration: What Frank Goodnow Got Right and Leonard White Didn't

Although the rule of law is universally regarded as a fundamental principle of democratic governance, the field of public administration continues to exhibit the "anti-legal temper" that emerged in the 1920s, when Leonard White's managerialism largely displaced Frank Goodnow's emphasis on the intimacy of law and administration. Although administrative law is a distinguished subfield of scholarship and practice within public administration, the consensus view within the profession seems to be that law is one of many constraints on administrative discretion rather than its source, a challenge to administrative leadership rather than its guiding principle. In addition to unacceptably narrowing the range of values infusing public administration, such a view undermines the profession's ability to contribute to the design of our governance arrangements at a time when constitutional institutions are being seriously challenged. To fulfill its constitutional role, public administration must commit itself to the rule of law as an institution that secures its legitimacy.     

From Collectivism to Capitalism: Neoliberalism and Rural Mobilization in Nicaragua

This article draws on longitudinal, ethnographic data gathered in rural Nicaragua over a two‐decade period to examine the ideological and political implications of neoliberalism in the prefigurative, grassroots stages of social mobilization. It contrasts divergent path‐dependent processes of accommodation and resistance to neoliberalism as Nicaraguan peasants have moved from collectivism to individual farming, with an emphasis on interpretive processes. This study explores how market processes both serve as an external grievance and operate internally in rural communities to reconfigure rural social relations and individual and collective identities. It also seeks to develop concepts and interpretations that may be applied more broadly to analyze links between deepening market processes and the forms and content of social movement responses to deteriorating economic conditions.     

NEGLECTED INFANTS IN FAMILY COURT

This paper applies the science of early childhood development to the question of neglect in infancy to offer best practice guidance to family law and child protection professionals charged with acting in their best interest. The paper discusses the challenges of presenting cases of infant neglect, particularly emotional neglect, to the court. Current science on the implications of neglect for brain development, and long term mental health are discussed. Recommendations for assessment, intervention and questions that should be addressed in court deliberations are outlined.     

Fleeing rural violence: Mam women seeking gendered justice in Guatemala and the U.S.

ABSTRACT

I use the concept of gendered embodied structures of violence as the analytical framework for illustrating how in rural Huehuetenango, Guatemala, historical and contemporary structures and processes of violence which center the normalization of multiple forms of implied or actual physical and sexual violence against women (and often other men and children) continue to undermine efforts to strengthen women’s rights and provide access to safety and justice for women. Overlapping structures of primarily male power suggest the difficulty of separating state and non-state actors from the vectors of violence affecting women. This article contributes to emerging literature on indigenous women’s access to justice in Latin America through adding a transnational lens to this discussion and suggesting why we cannot separate pubic from private violence and state from non-state actors.     

Advocating for active living on the rural-urban fringe: a case study of planning in the Portland, Oregon, metropolitan area

This case study is about the politics of incorporating active-living elements into a concept plan for a new community of about 68,000 people on the edge of the Portland, Oregon, metropolitan area. Development on the rural-urban fringe is ongoing in metropolitan areas around the United States. In this article, we evaluate the product of the concept-planning process from the standpoint of the extent to which environmental elements conducive to active living were included. We also analyze four issues in which challenges to the incorporation of active-living features surfaced: choices related to transportation facilities, the design and location of retail stores, the location of schools and parks, and the location of a new town center. Overall, the Damascus/Boring Concept Plan positions the area well to promote active living. Analyses of the challenges that emerged yielded lessons for advocates regarding ways to deal with conflicts between facilitating active living and local economic development and related tax-base concerns and between active-living elements and school-district planning autonomy as well as the need for advocates to have the capacity to present alternatives to the usual financial and design approaches taken by private- and public-sector investors.